Daniels v. Parker and Assoc., Inc., et al.
| Docket Number: | 2011-CA-01164-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-09-2012 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Breach of duty of good faith and fair dealing - Release Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 07-18-2011 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEES Case Number: 08-CV-144(B) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jimmy Earl Daniels |
JIM WAIDE
RON L. WOODRUFF
RACHEL M. PIERCE |
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| Appellee: | Parker and Associates, Inc., A Mississippi Corporation; The Liberty Group, Inc., A Mississippi Corporation; and Dalvin Kendall Parker | PHILIP A. GUNN RICHARD G. NORRIS II E. GREGORY SNOWDEN | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contract - Breach of duty of good faith and fair dealing - Release |
| Summary of the Facts: | Jimmy Daniels filed a complaint against Parker and Associates Inc., The Liberty Group, and Dalvin Kendall Parker, alleging that they owed Daniels money held in an escrow account, which was earned during their employment relationship. Daniels also alleged Parker breached the implied duty of good faith and fair dealing by refusing to provide him with a release from their contracts so that he could seek other employment. The trial court granted summary judgment in favor of Parker, and Daniels appeals. |
| Summary of Opinion Analysis: | Daniels argues that Parker’s refusal to provide Daniels with a release from their “exclusive contract” violated their duty of good faith and fair dealing. The duty of good faith and fair dealing arises from the existence of a contract between parties. To have a breach of the duty of implied good faith and fair dealing there must first be an existing contract and then a breach of that contract. Here, at the time of the alleged breach of good faith and fair dealing, the parties were no longer contractually obligated to one another. Daniels ceased selling insurance through Parker in December 2007. Daniels did not request a release until October 2008. Even if the contract was still in existence, Parker did not breach the contract by failing to provide a release since no release was required under the contract. |
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